Sanders v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence, to recover for injuries sustained by the plaintiff, a physician, in a collision between the defendants’ train and the carriage in which he was riding, at the Broadway crossing at Derry Depot. The ad damnum in the writ was $30,000. Trial by jury and verdict for the plaintiff for $15,000. Transferred from the January term, 1914, of the superior court by Sawyer.
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Case, for negligence, to recover for injuries sustained by the plaintiff, a physician, in a collision between the defendants’ train and the carriage in which he was riding, at the Broadway crossing at Derry Depot. The ad damnum in the writ was $30,000. Trial by jury and verdict for the plaintiff for $15,000. Transferred from the January term, 1914, of the superior court by Sawyer. J., on the defendants’ exceptions to the admission of evidence and to remarks of counsel in argument, which are stated in the opinion.
1Opinion of the CourtPlummer, J.
The plaintiff was asked on direct examination what his feelings were when he saw the train about to smash into his carriage. He answered: “My first thought was, when I saw I could not escape in spite of my efforts, the horrible thought flashed into my mind, my wife and daughter; just the instant before I went unconscious, and after I tried my best to escape and found it impossible.” The defendants asked to have this answer stricken out, and upon the refusal of the court to do so they excepted. The only ground of the exception was that the plaintiff’s method of describing his mental suffering…
2Cases cited10 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Seeton v. DunbartonSupreme Court of New Hampshire · 1905
- Hoxie v. WalkerSupreme Court of New Hampshire · 1909
- Leavitt v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1903
- Lord v. Manchester Street RailwaySupreme Court of New Hampshire · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Horner v. FlynnSupreme Judicial Court of Maine · 1975
- John Mileski, an Infant Over the Age of 14 Years, by His Parent and Natural Guardian, Edward Francis Mileski v. The Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1974
- Dowling v. L. H. Shattuck, Inc.Supreme Court of New Hampshire · 1941
- Franco v. FujimotoHawaii Supreme Court · 1964
- Rodriguez v. WebbSupreme Court of New Hampshire · 1996
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